Can I sue for breach of contract if nondisclosure was not adhered to?

UPDATED: Sep 30, 2022

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Can I sue for breach of contract if nondisclosure was not adhered to?

I was the receiver of a nondisclosure
agreement. The other party did not do
as they said they would. He now refuses
to speak to me, return my calls or
emails. Can I sue for breach of
contract? Is the NDA still in force?

Asked on August 13, 2017 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A non-disclosure agreement is enforceable as per its plain terms; if its terms indicate it is still in force and that certain behavior or disclosures violated it, you  may sue the other party for "breach of contract." In that lawsuit, you could seek a court order requiring him to cease disclosures on pain of punishment (e.g. contempt of court, were he to violate that court order) and/or for monetary compensation related to the impact of his disclosures on you or your business, or the reasonably determinable and provable economic value of the disclosed information. Speak to a business law or intellectual property attorney about a potential lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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